Grant Bauserman v. Unemployment Insurance Agency ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
April 6, 2018 Stephen J. Markman,
Chief Justice
156389 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
GRANT BAUSERMAN, KARL WILLIAMS, and Kurtis T. Wilder
TEDDY BROE, on Behalf of Themselves and All Elizabeth T. Clement,
Others Similarly Situated, Justices
Plaintiffs-Appellants,
v SC: 156389
COA: 333181
Ct of Claims: 15-000202-MM
UNEMPLOYMENT INSURANCE AGENCY,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the July 18, 2017
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The appellants shall file a supplemental brief within 42 days of the date of this
order addressing whether “the happening of the event giving rise to [appellants’] cause of
action” for the deprivation of property without due process occurred when the appellee
issued its allegedly wrongful notice of redetermination, or when the appellee actually
seized the appellants’ property. MCL 600.6431(3); MCL 600.5827; cf. Frank v Linkner,
500 Mich. 133, 149-153 (2017). In addition to the brief, the appellants shall electronically
file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record
must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee
shall file a supplemental brief within 21 days of being served with the appellants’ brief.
The appellee shall also electronically file an appendix, or in the alternative, stipulate to
the use of the appendix filed by the appellants. A reply, if any, must be filed by the
appellants within 14 days of being served with the appellee’s brief. The parties should
not submit mere restatements of their application papers.
The Michigan League for Public Policy is invited to file a brief amicus curiae.
Other persons or groups interested in the determination of the issue presented in this case
may move the Court for permission to file briefs amicus curiae.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
April 6, 2018
t0403
Clerk